Before speaking with a bankruptcy lawyer, it’s important to understand that there are four different forms of bankruptcy: Chapters 7, 11, 12, and 13. Personal bankruptcy is limited to just two chapters: 7 and 13. Chapters 11 and 12 are the last two types of bankruptcy, and they are for businesses and agricultural uses, respectively.You may want to check out Stroudsburg bankruptcy attorney for more.
When looking for a bankruptcy solicitor, the first thing you can do is learn about their specialty fields. Attorneys that specialise in bankruptcy law are available. Other lawyers have a more common approach, which might include bankruptcy as one of the fields of practise.
Some lawyers may have a general practise, but because of new economic conditions, they choose to pursue bankruptcy. If this is the case, whether the solicitor is a sole practitioner, you can inquire if the attorney has a primary point from which he or she may obtain assistance with the items he or she might not be familiar with. The practise of bankruptcy law is incredibly complicated, because even the tiniest error can be the difference between a dismissal and a lawsuit being dismissed.
The sort of bankruptcy law that the solicitor follows is the next question that a prospective claimant will have. Again, there are several lawyers who specialise in chapter 7 bankruptcy cases. Since chapter 7 work is less difficult than chapter 13 work, some attorneys will want to focus on it. In general, category 7 debtors may not have significant assets and are less procedurally risky than chapter 13 debtors. This would not rule out the possibility of bankruptcy lawyers who specialise in Chapter 7 bankruptcy law accepting Chapter 13 lawsuits.
Another important bit of material that a prospective bankruptcy applicant should learn is whether the solicitor can accompany the debtor to the creditors’ conference. The Bankruptcy Court will hold a 341 hearing until the paper work has been finished and the papers have been deposited with the Bankruptcy Court.
This conference, also known as “The First Meeting of Creditors,” would be the debtor’s first chance to speak with the bankruptcy trustee and challenge any creditors who might wish to avoid the bankruptcy from taking place. Anyone wishing to appeal the debtor’s discharge until the creditors’ conference will not be aware of the solicitor.
If the debtor’s solicitor is unable to attend the creditors’ conference, a substitute counsel must be chosen. Since the trustee might require such papers delivered to the trustee’s office within a limited amount of time, or the trustee might have more detailed queries that the debtor might not be willing to address, the debtor not getting an attorney is usually not a smart idea.